K.J.Joseph vs The Revenue Divisional Officer
2021 Latest Caselaw 9038 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

          THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

 THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942

                   WP(C).No.24812 OF 2018(B)


PETITIONER/S:

      1      K.J.JOSEPH, S/O.K.V.JOHN,
             AGED 63 YEARS, KARUKAPILLIL,
             GIRINAGAR, KADAVANTHRA,
             KOCHI - 682 020.

      2      SHERLY JOSE, W/O.K.J.JOSEPH,
             AGED 57 YEARS, KARUKAPILLIL,
             GIRINAGAR, KADAVANTHRA,
             KOCHI - 682 020.

             BY ADV. SRI.BINOY VASUDEVAN

RESPONDENT/S:

      1      THE REVENUE DIVISIONAL OFFICER,
             OFFICE OF THE RDO,
             FORT KOCHI - 682 001.

      2      THE VILLAGE OFFICER,
             ELAMKULAM VILLAGE,
             KADAVANTHARA P.O., ERNAKULAM - 682 020.

      3      THE SECRETARY,
             COCHIN CORPORATION,
             CORPORATION OFFICE, KOCHI - 682 016.

             .
             R1-R2 BY SMT.G.RANJITA, GOVERNMENT PLEADER
             R3 BY ADV. SMT.SEENA RAMAKRISHNAN, SC, COCHIN
             CORPN.

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.24812 of 2018
                                                  2




                                 W.P.(C) No.24812 of 2018

                           -----------------------------------------------

                                           JUDGMENT

Petitioners are husband and wife. They are holding a

land measuring 13.97 ares in Survey Nos.708/9, 760/3 and

708/10 of Elamkulam Village. Out of the said land, 12.29 ares is

shown in the revenue records as 'dry land' and the remaining 1.68

ares comprising of 0.91 ares in Survey No.708/9 and 0.77 ares in

Survey No.708/10 are shown in the revenue records as 'nilam'. As

the lands were converted as dry lands long prior to the coming

into force of the Kerala Conservation of Paddy Land and Wetland

Act, 2008, the petitioners preferred an application invoking Clause

6(2) of the Kerala Land Utilisation Order for making use of the said

1.68 Ares of land for other purposes. As per Ext.P13 order, the

competent authority under the Kerala Land Utilisation Order has

granted the permission sought for by the petitioners on condition

that the petitioners shall pay the fees prescribed in Section 27A(3)

of the Kerala Conservation of Paddy Land and Wetland

(Amendment) Ordinance 2017 for the said purpose. The W.P.(C) No.24812 of 2018

petitioners are aggrieved by Ext.P13 order insofar as it relates to

the direction to the petitioners to remit the fees in terms of the

Kerala Conservation of Paddy Land and Wetland (Amendment)

Ordinance 2017.

2. Heard the learned counsel for the petitioners as

also the learned Government Pleader.

3. In Renji K Paul v. Revenue Divisional Officer,

2019 (2) KLT 262, this court held that if the holder of a land which

is not included in the data bank prepared under the Act prefers an

application for permission to make use of the land for other

purposes under the Kerala Land Utilization Order before the

coming into the force of the Kerala Conservation of Paddy Land

and Wetland (Amendment) Ordinance 2017, the provisions

therein cannot be pressed into service. In the case on hand, it is

seen that the petitioners preferred application for permission

under the Kerala Land Utilization Order on 15.12.2016. The

Ordinance was introduced only with effect from 30.12.2017. In

other words, the provisions of the Ordinance cannot be pressed

into service in respect of the land of the petitioners.

In the result, the writ petition is allowed. Ext.P13 order,

to the extent it directs the petitioners to pay fees in terms of W.P.(C) No.24812 of 2018

Section 27A(3) of the Kerala Conservation of Paddy Land and

Wetland (Amendment) Ordinance 2017 is quashed.

Sd/-

P.B.SURESH KUMAR, JUDGE rkj W.P.(C) No.24812 of 2018

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1: TRUE COPY OF DOCUMENT NO.2724/1985 OF S.R.O., KOCHI

EXHIBIT P2: TRUE COPY OF THE POSSESSION CERTIFICATE IN RESPECT OF THE PROPERTY BELONGING TO THE FIRST PETITIONER

EXHIBIT P3: TRUE COPY OF THE LAND TAX RECEIPT IN RESPECT OF THE PROPERTY BELONGING TO THE FIRST PETITIONER

EXHIBIT P4: TRUE COPY OF THE DOCUMENT NO.2725/1985 OF S.R.O., KOCHI

EXHIBIT P5: TRUE COPY OF THE POSSESSION CERTIFICATE IN RESPECT OF THE PROPERTY BELONGING TO THE SECOND PETITIONER

EXHIBIT P6: TRUE COPY OF THE LAND TAX RECEIPT IN RESPECT OF THE PROPERTY BELONGING TO THE SECOND PETITIONER

EXHIBIT P7: TRUE COPY OF THE CERTIFICATE ISSUED BY THE ADDITIONAL TAHASILDAR, KANAYANNUR

EXHIBIT P8: TRUE COPY OF THE RELEVANT PAGES OF THE DRAFT DATA BANK

EXHIBIT P9: TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 03/09/2016

EXHIBIT P10: TRUE COPY OF THE JUDGMENT DATED 09/11/2016 IN WP(C).NO.29842/2016 OF THIS HON'BLE COURT

EXHIBIT P11: TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

EXHIBIT P12: TRUE COPY OF THE JUDGMENT DATED 10/04/2018 IN WP(C).NO.9801/2018

EXHIBIT P13: TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 11/07/2018